Nowak v Regional Court in Gdansk Poland

An extradition appeal will fail where the grounds advanced do not identify any legally arguable basis for resisting extradition. Where a request concerns several offences and sentences, the prosecuting authorities should, where possible, obtain confirmation from the requesting state of the cumulative sentence remaining to be served, to avoid uncertainty. That administrative clarification does not affect the validity of a request where at least one substantial sentence remains outstanding.

The claimant appealed against a District Judge’s order requiring his return to Poland to serve outstanding custodial sentences for theft and burglary, and robbery. He relied on personal circumstances, including his relationship, employment, unfinished matters and community service in the United Kingdom. No substantive issue had been raised before the District Judge, and counsel advised that no proper ground could be advanced on appeal. The central issue was whether the grounds disclosed any basis on which the extradition order should be set aside.

1. The appeal was dismissed. The claimant’s personal circumstances and stated wish to remain in the United Kingdom did not raise any matter capable of justifying the allowance of the appeal.
2. The court observed that, where an extradition request concerns several offences resulting in different sentences, the prosecuting authorities should ascertain from the requesting state whether the sentences are consecutive or concurrent and the cumulative period remaining to be served. This is desirable to avoid confusion about the precise length of imprisonment outstanding.
3. The uncertainty about whether the Polish sentences were consecutive or concurrent did not affect the validity of the request, because at least 2 years, 10 months and 21 days remained to be served.
4. The claimant had been provided with experienced legal representation and there was nothing properly arguable on his behalf. The appeal therefore had no merit and was dismissed, with the usual order.

• High Court (Administrative Court): The claimant’s appeal against the District Judge’s extradition order was dismissed.